Saturday, October 22, 2005

Kansans gone awry

the Kansas Supreme Court unanimously struck down a state law that punished underage sex more severely if it involved homosexual acts, saying "moral disapproval" of such conduct is not enough to justify the different treatment.

So perhaps the relinquishment of a States ability to draw the line of "moral disapproval" of the act of murder would mean its okee dokee to off your neighbor if you find them to be irritating?
It seems that most of the basic laws we live under come from the perspective of "moral disapproval".
The little ones, murder, rape, burglary, child abuse, animal welfare laws, and the "should be a law" against the Jerry Spriiger Show" variety.
If the concept of there being a greater punishment exacted by society against an act which a preponderance of T'he People' find morally more repugnant makes that act discrimanatory, how does the idea of equal justice under law allow the treatment of Hate Crimes as desirable of more prison time, or a greater likelyhood of capital punishment.
The issue doesn't appear to be one wherein the KSC decided it was not OK to punish more harshly due to "moral disapproval" so much as a case of deciding it's not OK to penalize a very vocal group for being biologically conflicted.
Or the KSC would have struck down all prison sentences for which a "moral disapproval" stance had decreed a longer sentence, although it is perhaps not allowed for the KSC to stray very far from the case at hand. I'm not an attorney and I'm not certain how much discretion they had in the finding.
Nonethless, I would still count them in the chucklehead class.

1 comment:

Anonymous said...

they made bad law, but you are still a jackass

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